Noorah101

I don't think that clause is for the B2. There might be a waiver for the B2 available, if she doesn't qualify for either the VWP or the B2, for some reason. But it wouldn't be a "Hardship to the USC" waiver, I don't think.

Rene

crg

They would not let someone visit for humanitarian reasons unless they need a waiver of inadmissibility and were clearly intent on visiting. The OP is claiming to be a visitor and has a documentary deficiency (no visitor visa). If they truly believed the OP was a visitor, they'd just issue the visitor visa and be done with it.

ian-mstm

Actually, and notwithstanding anything to the contrary that I might have written earlier, your daughter - since she's a USC - has the right to enter the US.

Here's a list of the rights the mother will have:


Ian

petergus

lol that means 0
so lets say that my daughter wants to come visit, but because she is a baby she needs her mother with her...what then?

Noorah101

I think you can figure out the answer to that one? Obviously if the daughter MUST have her mother with her, and her mother can't come to the USA right now, then the daughter has to wait until the mother can come to the USA....seems obvious to me....

Ian was just pointing out who has the RIGHT to enter the USA. Not who CAN enter the USA.

That said, can a 1-year old make such a decision on her own?

Rene

crg

Let me quote myself to qualify the statement. The word "never" was misused. They have paroled some weird stuff so it was a bad idea to say never.

petergus

yes its all hypothetical of course. i just wondered if the mother would be given any preference to be let in such a case when they see the child is a US citizen (under the case of being held up with the VWP)

so even i as a US born citizen would only have a right to enter the US? made me wonder a few days again when i came back they were asking strange questions at the border.

petergus

ya so i wonder if gettng a lawyer involved will help anything...?

ian-mstm

Sadly, having a USC child works against the mother... since there's a high likelihood that she'll remain in the US if allowed to enter.

Ian

crg

I'm sure a lawyer could help you with your fiance/spouse visa processing.

Noorah101

It might help you to have a consultation with an immigration attorney who can point you in the right direction. But you need to be more specific about what you are expecting his help with.

A lawyer will not be able to help you find a way for your partner to live in the USA as a visitor, without the proper visa.

A lawyer would only be guessing at the chances of an approved ESTA at this point, same as we are guessing.

Right now, your immediate goal seems to be to bring your partner and daughter to the USA for a visit. But you have not said why YOU can't go visit them. You said living there (or moving there) would be problematic, but you didn't say why you can't just go visit them, which would solve your immediate problem of missing them greatly.

Also, the only thing holding her back from visiting the USA right now is that she needs to update ESTA. But has she tried? She should try that first, and if that fails, then you go visit her.

Then you have to ultimately decide which visa to go for in the long run, so that you can both live on the same continent together...either the Immigrant Visa or the K-1.

Or, if you still aren't ready to get married, then you just have to come to terms with the fact that you won't be seeing much of your daughter unless you can visit there more often, or she's old enough to travel alone to the USA.

Rene

petergus

i have been there to visit them, just got back some days ago.

we have been planning for her to come live over here for maximum one year since they were here on a visit some months ago, but naivly didnt imagine the visas stuff would get this twisted! and we already started the process of putting her life over there in storage so she could come here in september.

now its simply an issue if its worth it to come here for 3 months, because even IF we start a k1, as we discuseed, that will take several months - flying back and forth with uncertainties.

just seems sad and strange to me, that i, being a "normal" american, having a daughter overseas, would not be able to do anything about getting them here to visit other then marriage. call me liberal or whatever, but i may call them conservative

Noorah101

So you just got back from overseas some days ago...let's say a week at the most...but her B2 visa was denied just 2 days ago? So she went to apply for the B2 visa pretty much right after you left.

This doesn't make sense to me. You've been planning for a year for her to come live in the USA...but only since they were in the USA on a visit some months ago? Which one is it, a year or some months? And all during your year of planning, what did you find out? You didn't find out that it would take marriage for her to immigrate to the USA? Interesting that after a year of research and planning, you never discovered that.

The visa stuff is not twisted at all. You have TWO very clear paths to her immigration, you just have to decide which one and go for it.

Now you can see how that's putting the cart before the horse. How were you planning for her to come live permanently in the USA by September, only 1 month away? In all your research, you never found out she needs a visa other than visitor, to come live in the USA? I guess you're just now finding that out, and that's why you're so shocked.

Now you're on the right track. Would be a lot more straightforward and certain, if you start the K-1 visa, and then in about 8 months she moves permanently to the USA.

Well, first of all, you don't have any pull at all in getting them over to visit. That's all up to her. Having a USC partner and USC child works against her for visiting the USA, because the POE officer will think she intends to remain in the USA and apply for a green card.

Also, immigration law is older than dirt, and was created back when people simply didn't "just live together" without getting married.

I would have preferred to date my boyfriend a while longer, on a daily basis, too, before deciding on marriage. But since that wasn't possible, we took a leap of faith and did a K-1 visa. It worked out great, he's been here 7 years now and is a USC.

Rene

Noorah101

I just re-read this and realized you probably mean that you've been planning... for her to live in the USA for a year. But now you know that someone can't live in the USA on a tourist visa. So that option is out.

Rene